“Our critics on both sides of politics claim the use of the phrase ‘class war’ is anachronistic, but in the face of growing inequality and the push for corporate dominance, the reality is a class war is being waged on ordinary people. One that it is our responsibility to respond to.” With this clarion call, ...more
Posted in Journals, News & Insight, Uncategorized, Workplace Review (WR) | Tagged "thuggery", “lawlessness, ABCC, Aboriginal, Aboriginal rights, Australian Building and Construction Commission, Barangaroo, BLF, Builders Labourers Federation, Building and Construction Industry (Improving Productivity) Act 2016 (Cth), CFMEU, CFMEU’s Construction and General Division, class war, climate change, construction industry, corporate dominance, dangerous, Darren Greenfield, decent health care and education, delegates, fines, gay rights, green bans, homelessness, intimidation, Jack Mundey, militancy, need for greater public housing, officials, penalties, progressive, safety, social justice, spectre, Stephen McBurney, Trade Union Royal Commission, unsafe work, women’s, Work Health and Safety legislation, workers |
CALL FOR SUBMISSIONS for Special Issue on the 10th Anniversary of the Victorian Civil Procedure Act 2010
The Civil Procedure Act 2010 (Vic) was enacted 10 years ago and commenced operation on 1 January 2011. It was an Act aimed at reforming and modernising the laws, practice, procedure and culture for the resolution of civil disputes in Victoria. The Editors invite submissions on the ground-breaking reforms encapsulated in the State of Victoria’s Civil Procedure Act.
Posted in Journal of Civil Litigation and Practice (JCivLP), Journals, Uncategorized | Tagged Appropriate Dispute Resolution, articles, call for submissions, case notes, Comments, Comparative articles examining the Victorian experience, Cost orders and sanctions, Disclosure and Discovery, expert evidence, Genevieve Grant, Historical analyses and reform, JCivLP, letters, Professor Michael Legg, reviews, Roderick (Rod) Joyce QSO QC, Special Issue, summary judgment, Victorian Civil Procedure Act 2010, Victorian Law Reform Commission's Civil Justice Review Report |
Thomson Reuters is pleased to publish a special issue of the Journal of Law and Medicine on issues relating to COVID-19. It incorporates international perspectives, including from Brazil, Canada, Russia and New Zealand, as well as from Australia. The Journal carries an important multi-disciplinary review (by Mendelson et al) of issues arising from the use ...more
Posted in Journal of Law and Medicine (JLM), Uncategorized, Update Summaries | Tagged Australia, Brazil, Canada, community anxiety, compassion, containing community transmission, COVID-19, effects of the virus upon Australia's criminal law, forensic medical practice, health practitioners, international perspectives, JLM, lawfulness of public assemblies, New England Journal of Medicine, New Zealand, open access to research, pandemic, personal protective equipment, public health law decision by the Brazil High Court, reproductive issues and COVID-19, Russia, Russian legal response to the pandemic, Special Issue, The Lancet, wellbeing of children |
Much more is at stake in enabling the effective operation of security of payment laws in the building and construction industry than just preventing contractors becoming insolvent. Employees, taxation authorities, suppliers and lenders – all rely on receiving their due payments from contractors, so the flow-on effect of building industry insolvencies is far reaching. “More ...more
Posted in Building and Construction Law Journal (BCL), Journals, News & Insight, Uncategorized | Tagged aged pension, building and construction industry, building and construction industry insolvencies, building industry insolvencies, business bankruptcies and insolvencies, claimants who are in liquidation, claims made under security of payment legislation, claims under security of payment laws, commercial dynamics, contractors becoming insolvent, contractual chains, COVID-19, deficiency of assets to pay creditors, delay payment, Dr Matthew Bell, employees, entitlement to set-off, external administration lodgements, Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd (2016) 313 FLR 163; (2017) 33 BCL 127; [2016] VSCA 247, Fair Entitlements Guarantee Act 2012 (Cth), freedom to contract, ills of non-payment in the construction industry, injustice, insolvent claimant company, liquidation, maintaining the right to set-off, prevention of insolvencies, prioritising set-offs, Professor Helen Anderson, prompt payment, risk of insolvencies, s 553C of the Corporations Act 2001 (Cth), security of payment claimants, Security of payment laws, State and Territory security of payment legislation, subcontractor insolvency, suppliers and lenders, taxation authorities, timely payment, unmet employee entitlements, unpaid superannuation, unpaid taxes and charges, upsurge in insolvencies |
With millions of Australians participating in them, and with the associations themselves numbering in the hundreds of thousands, unincorporated associations truly are social entities. They variously include sports clubs, charities, cultural and arts and environmental organisations, and churches.[1] “The vast majority of Australians participate in unincorporated associations,” says Matthew Turnour in “Should Australians Have a ...more
Posted in Company and Securities Law Journal (C&SLJ), Journals, News & Insight, Uncategorized | Tagged Australian Charities and Not-for-profits Commission Act 2012 (Cth) s 205-5, Betrayal of Trust Report, Catholic Church, compensation, crimes, damages for sexual abuse, deceased priest, Ellis Case, Income Tax Assessment Act 1997 (Cth) s 960-100, institutional abuse, Matthew Turnour, national framework, personal liability, recognition of unincorporated associations as legal entities, religious governance structures, Revised Uniform Unincorporated Nonprofit Association Act, Royal Commission into Institutional Responses to Child Sexual Abuse, RUUNAA, statutory recognition, Trustees of The Roman Catholic Church v Ellis, unincorporated associations, victims of institutional abuse |
The latest Part of the Australian Law Journal contains the following articles: “Equity and the Modern Forfeiture Rule” – Samantha Hepburn; “Shining a Light on the Dark Corners of Philanthropy: The Next Step in the ACNC Regulation Project” – Amanda R Lekamge; and “Climate Activism and the Extraordinary Emergency Defence” – Dr Nicole Rogers. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Family Law; Class Actions; and Obituary.
Posted in Australian Law Journal, The (ALJ), Journals, Uncategorized, Update Summaries | Tagged ACNC regulation project, ALJ, Amanda R Lekamge, articles, Australian Charities and Not-for-profits Commission, Brendan Edgeworth, Case Management: Never Mind the Quality, charities in Australia, class actions, Climate Activism, Conveyancing and property, Current issues, Dark corners of philanthropy, Dr Nicole Rogers, Electronic Conveyancing in Australia: Recent Developments, Equity and the Modern Forfeiture Rule, Extraordinary Emergency Defence, family law, Feel the Width?, Flood and Fire and Famine, High Court Says CF-No. Sort of, Ivan Anthony Shearer, Justice François Kunc, Justice Michael B J Lee, letter to the editor, Obituary, Richard Ingleby, Robert Angyal SC, Samantha Hepburn |
Increasingly, the system of private certification of buildings is being slated, by those with expertise and knowledge in the area, as one of the main factors accounting for the crisis in the residential building industry in NSW. Construction lawyer, Jessica Rippon, is forthright in identifying private certification as a contributing factor, in her article “Closing ...more
Posted in Building and Construction Law Journal (BCL), Journals, News & Insight, Uncategorized | Tagged “fire safety concerns”, “friendly certifiers”, “strata living crisis”, 10-year liability, decennial liability, decennial liability insurance, decennial liability insurance market, defects in construction, design, Environmental Planning and Assessment Act 1979 (NSW), Fire and Rescue NSW, Home Building Act 1989 (NSW), Jessica Rippon, joint and several liability, mandatory insurance, materials, multi-storey developments, owners corporations, private building certification, residential building industry in NSW, special purpose vehicles, strata developments, strata or community schemes, strict liability, subrogation suits |
Over 40 million people are living and working as slaves in the world today.[1] It is a staggering figure. It is outrageous! In the current issue of the Company and Securities Law Journal (C&SLJ), Vol 37 No 2, Justine Nolan and Nana Frishling argue that globalisation has spurred the growth of modern slavery (including servitude, ...more
Posted in Company and Securities Law Journal (C&SLJ), Journals, News & Insight, Uncategorized | Tagged “enlightened self-interest”, Adefolake Adeyeye, Andrew Belyea-Tate, ASX Listing Rules, business compliance, child labour, climate change, climate change specific disclosures, Company and Securities Law Journal, corporate social responsibility, Corporations Act 2001 (Cth), CSR, debt bondage, deceptive recruiting, excessive and forced overtime, forced labour, Global Slavery Index, International Labour Organisation, Justine Nolan, limitations on leave and breaks, lower-carbon economy, modern slavery, Modern Slavery Act 2018 (Cth), Nana Frishling, production lead times, servitude, shortened production deadlines, supply chains, trafficking in persons, United Nations’ 2011 Guiding Principles on Business and Human Rights, unsafe working conditions, variable working hours, Walk Free Foundation |
This Special Issue of the Environmental and Planning Law Journal (EPLJ Vol 36 Part 5 ), compiled by Guest Editor, Professor Cameron Holley (UNSW Sydney and PLuS Alliance Fellow) brings together the contributions of leading environmental and energy law and governance experts to distil insights from Australia and the globe and examine the role of law in governing energy transitions, and law and governance mechanisms might be needed to better govern energy transitions and their nexus with the environment. The Introduction to this Special issue – Governing Energy Transitions: Unconventional Gas, Renewables and their Environmental Nexus (by Cameron Holley, Amanda Kennedy, Tariro Mutongwizo and Clifford Shearing) provides a brief overview and synthesises lessons from each article featured.
For over a thousand years – at least – mediation and arbitration have been practised in the English-speaking world. In fact, arbitration as a dispute settling mechanism is probably as old as human society itself, suggests Tom Bathurst in his survey of the history of arbitration published in the Building and Construction Law Journal (BCL). ...more
Posted in Building and Construction Law Journal (BCL), Journals, News & Insight, Uncategorized | Tagged "court-annexed arbitration", "merits", “conditional bonds”, “court-annexed lovedays”, “love rooms”, “loveday”, “lovedaymakers”, “revocability”, “revocability” doctrine, “rule of court”, alternative dispute resolution, arbitration, Arbitration Act 1698, BCL, Chief Justice of NSW, commercial arbitration, commercial disputes, International Arbitration Act 1974 (Cth), mediation, mediation and arbitration, Scott v Avery, Sir Edward Coke, TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia, Tom Bathurst, turkey, UNCITRAL Model Law |
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JOURNAL OF CIVIL LITIGATION AND PRACTICE
CALL FOR SUBMISSIONS for Special Issue on the 10th Anniversary of the Victorian Civil Procedure Act 2010
The Civil Procedure Act 2010 (Vic) was enacted 10 years ago and commenced operation on 1 January 2011. It was an Act aimed at reforming and modernising the laws, practice, procedure and culture for the resolution of civil disputes in Victoria. The Editors invite submissions on the ground-breaking reforms encapsulated in the State of Victoria’s Civil Procedure Act.